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Mad Moose Hosting customers are prohibited from transmitting on or
through any of Mad Moose Hosting's services, any material that is, in
Mad Moose Hosting's sole discretion, unlawful, obscene, threatening,
abusive, defamatory, libelous, or encourages conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate
any local, state, federal or international law.
In general, you may NOT use your Mad Moose Hosting account:
1. In a manner which violates any law, regulation, treaty or tariff.
2. In a manner which violates the rules, regulations and policies of
any network, server, web site, database or service provider that you
access through your Mad Moose Hosting account. 3. In a manner which
is defamatory, fraudulent, indecent, offensive or deceptive. 4. To threaten,
harass, abuse or intimidate others. 5. To damage the name or reputation
of Mad Moose Hosting, its parent, affiliates and subsidiaries. 6. To
break security on any computer network, or to access an account which
does not belong to you. 7. In a manner which interferes with other customers'
use and enjoyment of the services provided by Mad Moose Hosting.
Mad Moose Hosting's services may only be used for lawful purposes.
Transmission, distribution or storage of any information, data or material
in violation of United States or state regulation or law, or by the
common law, is prohibited. This includes, but is not limited to, material
protected by copyright, trademark, trade secret, or any other statute.
Mad Moose Hosting reserves the right to remove such illegal material
from its servers or to immediately and without notice terminate the
services of a subscriber found in violation of this policy.
Mad Moose Hosting reserves sole discretion to determine whether any
use of the service is a violation of this policy. Guidelines for using
your account follow. This information is only a guideline, and is not
intended to be all-inclusive.
Mad Moose Hosting provides storage space and access for web sites through
its Web services. Mad Moose Hosting will not routinely monitor the contents
of your web sites. You are solely responsible for any information contained
on your web site. However, if complaints are received regarding language,
content or graphics contained on your web site, Mad Moose Hosting may,
at its sole discretion, remove the web site hosted on Mad Moose Hosting
servers and terminate your Web service. You agree to promptly reimburse
Mad Moose Hosting for any reasonable expenses it incurs (including attorney's
fees) in defending itself form third party claims relating to any of
the content (whether created by you, your customers or your users) contained
on your website.
You may not use your web site to publish material which Mad Moose Hosting
determines, at its sole discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material" refers to all forms of communications
including narrative descriptions, graphics (including photographs, illustrations,
images, drawings, logos), executable programs, video recordings, and
audio recordings.
Unlawful content is that which violates any law, statute, treaty, regulation,
or lawful order. This includes, but is not limited to: obscene material;
defamatory, fraudulent or deceptive statements; threatening, intimidating
or harassing statements, or material which violates the privacy rights
or property rights of others (copyrights or trademarks, for example).
Indecent content is that which depicts sexual or excretory activities
in a patently offensive matter as measured by contemporary community
standards. Objectionable content is otherwise legal content with which
Mad Moose Hosting concludes, in its sole discretion, it does not want
to be associated in order to protect its reputation and brand image,
or to protect its employees, shareholders and affiliates.
Examples of prohibited web site content:
Material which encourages the commission of a crime; or which tends
to incite violence; or which tends to degrade any person or group based
on sex, nationality, religion, color, age, marital status, sexual orientation,
disability or political affiliation.
Mad Moose Hosting reserves the right to suspend network access to any
subscriber if in the judgment of Mad Moose Hosting, the subscriber's
account is the source or target of a violation of any of the terms of
our acceptable use policies, or for any other reason which Mad Moose
Hosting deems necessary.
Your subdomains are allowed to be used for any legal purpose. You may
not sell the subdomain space to others, nor may you point other domain
names to your subfolders.
If inappropriate activity is detected, all accounts of the subscriber
in question will be deactivated until our investigation is complete.
Prior notification to the subscriber is not assured. In extreme cases,
law enforcement will be contacted regarding the activity. The subscriber
may not be credited for the time the subscriber's accounts were suspended
if the subscriber is found to be at fault.
Certain Mad Moose Hosting accounts give you the ability to send and
receive electronic mail. Mad Moose Hosting maintains a ZERO tolerance
policy in regards to SPAM. We do not tolerate spam mailings and any
account that is used to send such will be terminated without notice.
Any account terminated for spam is subject to a $300 administration
fee charged directly to the credit card on file. Additionally, any losses
incurred by Mad Moose Hosting due to violation of this policy will be
the direct responsibility of the account holder.
You may not use your account to send unsolicited bulk or commercial
messages (spam). This includes, but is not limited to, bulk mailing
of commercial advertising, informational announcements, charity requests,
petitions for signatures, and political or religious tracts. Such messages
may only be sent to those who have explicitly requested it.
You may not use your account to collect responses from unsolicited
bulk or commercial email sent from accounts with other providers. Forging,
altering or removing electronic mail headers is prohibited. You may
not send numerous copies of the same or substantially similar message,
nor may you send very large messages or files to a recipient with the
intent to disrupt a server or account (mail bombing). You may not use
electronic mail to harass or intimidate others. Harassment, whether
through language, frequency of messages, or size of messages, is prohibited.
Sending a single unwelcome message may be considered harassment. If
a recipient asks to stop receiving email, you must not send that person
any further messages. You may not forward or otherwise propagate chain
letters whether or not such messages solicit money or other items of
value and whether or not the recipient wishes to receive such mailings.
Establishment of this service is dependent upon receipt of payment
of stated charges by Mad Moose Hosting. Subsequent payments are due
on the anniversary date of the month for that month's service or whichever
is the selected billing cycle.
You are responsible for keeping your billing data with Mad Moose Hosting
and our payment centers up-to-date and accurate. Furnishing false data
on any contract or application, including fraudulent use of credit card
numbers, is grounds for immediate termination and may subject the offender
to civil or criminal liability.
Mad Moose Hosting may temporarily deny or terminate service upon your
failure to pay the charges when due. Such termination or denial will
not relieve you of responsibility for the payment of all accrued charges
and collection fees.
You may cancel your account at any time online via the Help Center.
If requesting a cancellation, we ask that you briefly explain the reasons
for doing so. The cancellation will take effect immediately and your
account will remain active until the end of the paid subscription period.
Account resumption is possible by opening a service ticket within 5
days of cancellation.
If you are not satisfied with Mad Moose Hosting's services, you may
request a refund within 30 days of the commencement of service and be
refunded all fees paid-to-date less any additional over-usage and domain
registration fees. Domain fees are NOT refundable. Terminated accounts
are not eligible for refunds if the termination occurred due to a violation
of our acceptable use policies. When requesting a refund, we ask that
you briefly explain your reasons for doing so.
By subscribing to our services, you acknowledge that the service provided
is of such a nature that the service can be interrupted for many reasons
other than the negligence of Mad Moose Hosting and that damages resulting
from any interruption of service are impossible to ascertain. Therefore,
you agree that Mad Moose Hosting shall not be liable for any damages
arising from such causes beyond the direct and exclusive control of
Mad Moose Hosting. You further acknowledge that Mad Moose Hosting's
liability for its own negligence may not in any event exceed an amount
equivalent to charges payable by you for services during the period
damages occurred. In no event shall Mad Moose Hosting be liable for
any special or consequential damages, loss or injury sustained by yourself
or your clients or dependents.
In cases of new hosting accounts or additions / modifications to hosted
domain names or any other cases which involve the change of nameservers
of a domain from other DNS servers to Mad Moose Hosting's DNS servers,
there may occasionally be a delay of several days, weeks or longer depending
on the accessibility of control options at the respective registrar
of the domain name registration. It is possible that if the registrar
(or the entity having control over the domain registration) is not cooperative,
the domain nameservers can not be changed at all. Due to the unpredictable
nature of the nameserver change process, no guarantees are made regarding
the amount of time a specific change may take. On customer request,
nameserver change of domain names may be performed by Mad Moose Hosting
on behalf of the account holder. In such cases, a successful change
of nameservers cannot be guaranteed in any way or fashion as it solely
depends on the accessibility or cooperation by the domain name registration's
registrar.
Mad Moose Hosting provides technical support to its subscribers. We
limit our technical support to our area of expertise. Mad Moose Hosting
only provides support related to the physical functioning of our service
plan's features. Mad Moose Hosting does not provide technical support
for your customers or users. The only way to request technical support
is to utilize the Help Center located in the Mad Moose Hosting member's
area control panel.
Your bandwidth and disk usage shall not exceed the maximum number of
megabytes per month allocated for the service plan you subscribed to
("Agreed Usage"). Mad Moose Hosting will monitor your bandwidth and
disk usage. Mad Moose Hosting shall have the right to take corrective
action if your bandwidth or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all services, or termination
of this Agreement, which actions may be taken is in Mad Moose Hosting's
sole and absolute discretion, at any time deemed necessary by Mad Moose
Hosting. If Mad Moose Hosting takes any corrective action under this
section, you shall be entitled to a prorated refund of any fees paid
in advance prior to such action. In any cause, you will be warned of
approaching or exceeded resource limits via email by Mad Moose Hosting's
automated notification system.
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest, visitor or
employee. Therefore, you must take steps to ensure that others do not
gain access to your account. In addition, you may not use your account
to breach security of another account or attempt to gain unauthorized
access to another network or server.
Denial of Services, DDoS, Smurf and other service attacks started against
your web site will effect the entire population of the Mad Moose Hosting
Network, therefore your account will be subject to immediate termination.
You must adopt adequate security measures to prevent or minimize unauthorized
use of your account.
You may not attempt to circumvent user authentication or security of
any host, network or account ("cracking"). This includes, but is not
limited to, accessing data not intended for you, logging into or making
use of a server or account you are not expressly authorized to access,
or probing the security of other accounts. Use or distribution of tools
designed for compromising security is prohibited. Examples of these
tools include, but are not limited to, password guessing programs, cracking
tools or network probing tools.
You may not host within your account files used to hack, crack, decode
or generate keys.
You may not attempt to interfere with service to any user, host, or
network (denial of service attacks). This includes, but is not limited
to, "flooding" of Hosting, deliberate attempts to overload a service,
and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or
civil liability. Mad Moose Hosting will cooperate fully with investigations
of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of
suspected criminal violations.
You are responsible for ensuring that the services obtained from Mad
Moose Hosting are used in an appropriate manner by your customers and
users. Therefore, you must take steps to manage the use of the services
obtained from Mad Moose Hosting in such a way that network abuse is
minimized. You must also make information publicly available about how
to contact you, and you must respond in a timely manner to complaints
concerning misuse of the services obtained from Mad Moose Hosting. Failure
to responsibly manage the use of the services obtained from Mad Moose
Hosting may be cause for termination of services to you.
You must designate one or more individuals to be responsible for every
host, IP network or subnet connected to the Internet through the use
of the services. You must provide contact names, phone numbers, and
postal and email addresses (Contact Information) to any and all appropriate
Domain Name Registrars prior to the initial network connection of your
service. You must keep Contact Information updated and accurate at all
times. Changes in the Contact Information must be sent to the appropriate
Domain Name Registrars in a timely manner. Contacts must have the authority,
access and tools necessary to configure, operate and control access
to your systems.
For important timesharing hosts, primary domain name servers and mail
relays or gateways, contacts must be accessible to Mad Moose Hosting
via telephone 24 hours a day, 7 days a week. Every customer who allows
third party access to the services provided by Mad Moose Hosting, whether
such third parties are employees, users or customers, must maintain
a postmaster address for the receipt of complaints by email. Messages
delivered to the postmaster address must be reviewed and handled in
a timely manner.
Mad Moose Hosting accounts operate on shared resources. Excessive use
or abuse of these shared network resources by one customer may have
a negative impact on all other customers. Misuse of network resources
in a manner which impairs network performance is prohibited by this
policy and may result in termination or suspension of your account without
notice.
You are prohibited from excessive consumption of resources, including
CPU time, memory, disk space and session time. You may not use resource-intensive
programs which negatively impact other customers or the performance
of Mad Moose Hosting systems or Hosting. Mad Moose Hosting reserves
the right to terminate or limit such activities.
Denial of Services, DDoS, Smurf and other service attacks started against
your web site will effect the entire population of the Mad Moose Hosting
Network, therefore your account will be subject to immediate termination.
Internet Relay Chat
You may not use IRC scripts or programs that interfere with or deny
service to other users on any other server, host, network or channel.
IRC BOTS ARE PROHIBITED!
You may not engage in activities which harass other users. This includes,
but is not limited to, "flooding" (rapidly entering text with the intent
to disrupt service), "flashing" (disrupting terminal emulation), "takeovers"
(improper seizing and abuse of operator privileges), attempting to send
private messages to those who do not wish to receive them, attempting
to return to a channel after being banned from it, and other disruptive
behaviors.
You may not attempt to impersonate other users. The use of nicknames
does not constitute impersonation. You may run "clones" (multiple simultaneous
IRC connections) and "robots" only as permitted by the host IRC server.
Any activity on our network that is a violation of any state or federal
law is a violation of this policy and will result in immediate termination
of service.
Prohibited activities include, but are not limited to:
Transmitting obscene materials or child pornography Intentionally spreading
or threatening to spread computer viruses. Gaining or attempting to gain unauthorized
access to any network, including Mad Moose Hosting's private network infrastructure;
accessing or attempting to access information not intended for you; transmitting
pirated software; conducting or participating in illegal gambling; soliciting
for pyramid and other illegal schemes.
Mad Moose Hosting does not permit any site that contains: (i) images
(including on banner ads) of nude models that appear to be under the
age of 18 (in Mad Moose Hosting's sole judgment), (ii) sexually explicit
images (including on banner ads) of models that appear to be under the
age of 18 (in Mad Moose Hosting's sole judgment); or (iii) sites containing
language promoting child pornography together with any sexually explicit
or nude images. As required by federal law in the United States, Mad
Moose Hosting will report all offenders of this policy to the appropriate
federal agency.
Mad Moose Hosting's failure to enforce the strict performance of any
provision of this Agreement will not constitute a waiver of Mad Moose
Hosting's right to subsequently enforce such provision or any other
provisions under this Agreement.
If any provision of this Agreement is deemed illegal, invalid, void
or otherwise unenforceable in whole or in part, that provision shall
be severed or shall be enforced only to the extent legally permitted,
and the remainder of the provision and the Agreement shall remain in
full force and effect. If any provision of this Agreement is deemed
to be invalid, void or unenforceable only with respect to a particular
application, such term or provision shall remain in full force and effect
with respect to all other applications.
This policy statement is subject to the governing laws of the State
of Texas. Courts of competent jurisdiction in Dallas, Texas shall hear
and decide any disputes.
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2008 Mad
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